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039-2013 - Metro - Donathan's Inspections and removals of asbes (3)
identify. to the Subcontractor tgms and oridttions,of the pvbp,6iad subcgr the Contract Documents. Subcontractors will similarjy makis eoptes of api available to their respective proposed -SS ib-st bcont ractots, -� �;,� §�``""�itgent.Assignrnent o€Sultt:orltraEtis _. ;. �_� subevntract a�eerrterfczrportrvn oftbe?GF�,k rs:asgfied. k j k assin>zrerzt zs eetri after te�'t� Seetiorr .14. ,2 arzd>:ttniy fear #hose;subcontact -44e0et'-rha 4 - ` '�- - ,Subcontactor ai'Con,#r�ctor nt:�tfrrg;:-and '. ` . � . c .2 assignment is subject. the prior rights of the surety, if any, obigzrted udder bljd relating to the Contract'` u n the 4 ac,re L ass~t ebt: a.subntract e>rte t#>e Owner assttrn t f - : ti^ - es;,t€te 4nr tf}r'$ riglits�an r ations the tram Y } , § 2 Up -Y. 4 ash r �ut,.fea h€ Ueen suspended for €ore than'0 daysfihe �traetor's: r eixipenS "k1adgusted:for increases incosf resulttnb fromthe suspension it A ; 3 cg, e 0� cr-underth•is. ecfon SA thpOwner may finther �� tlie's1tbeo�ttr�u�tto�- r. k w 7 s ck trnr ty f the Ownerct ,assigps the subeoo to a successor C ar r or..oth€er e ttf !, t ti nperoless legally responsible for all of the successor Contractor;tinder the � i11 xif fi[N"S', T :@YIV ; 1R<OR:o�iiAN7iICTQRS AkffliF DW i tructiQn;with own _or e a a: Award Other Contl l s c v 1 eOV;�Ue to pealgrm cgngt oft or•.4 etions related to the, Piro eGt withtbe Qwt r-, 4^ , Paces, s hlcb e °r entities: tnrdet karate contract�s# adnrainistered by hie Construction Manager awl to awl t e op t i _ e txan ivitlrotlie� portions of rite Project or other cortst�roctzon,or operations ©ulthc site, k � Under n Lopt €deutrcal:ar substantially similar to these rrrcliading.thpks$portion teleted.lir., insurai�t d wa r of sz p alion, If ilie Contractor claims that delay. stls or additional eoztrv€�lvi d because of such .� actis�nbhJvvner� twi",Coiactor shall make such Claim as provided in Article 15 9��n the Owner p eon�truction or operations with.the'Owne s avert forces inclttdingpersat�s or entities u rider separate coht'rrdts not administered by the Constme iQD Manager the Owner.shall provide for 000rAinkio of si forte v+ith the Work of the Contractor, who shall cooperate with them. 3hi1>xsero�vded•in the Contract Docu>ents, wlfen.Yhe Owner performs constrt;cGon or operations ,re ted ttx t 1�r�jecf th Pwnei's awn forces, the Owner shall:be deemed to be sutjbct:to. the same obligat ans. and taiue the she rights fiat apply iQ t7ae Contractor under the Conditions of the Contra t, including, without sxcfztdur t? rs, those stated in Article 3, this Article 6, and Articles 10, 11 and 12. 6 Mlitttal Resporlslbllity § UJ The Contractor shall afford the Owner's own forces, Construction Manager and other Multiple Prime. Corfttactors:ressonabie opportunity for introduction and storage of their materials and equipment and performance: of their activities, and shall connect and. coordinate the Contractor-s _construction and operations: with theirs as required ,k by the Contract Documents. 5 2.2 If part of the Contractor's Work depends for prr�per t xecution or results upon construeti.Qn pT operation Owner's own forces or other Multiple PrimcContractors, the. Contractor shall, prior to proceed. ing wit)rthatp�Hon of the Work, promptly report to the 0"waetW Manager and Architect _apparent discrepancies. or dtrfects in such other construction; that would render it >rinaur�li for such proper executiori and results Failure of the Contractor Soto FOP,(t €� Mute an acknow�i dgrri en�t drat the Owner's own forces or other Multiple Primp Contractors' cl,. • pally completed "coristruction is fit ari.d .proper to receive the Contraceclrxs Work, .exetjpt as to defects not , q, -q l3nal ly dis+✓overable. s 13 The`Contractor shall reimburse the Owner for costs the. Owner incurs, -including costs that, are payable to a separate contractor or to other Multiple Prime Contractors because of the Contractor's delays; improperly timed activities or defective construction_ The Owner shall be responsible to..the- Contractor for costs the Contractor incdrs AIA Document A23211-.2009 (formerly A201-CMa.-1092). Copyright ©1992 and. by The American Institute of Archrtepcts- All rights resvFved Init. AF�€b31€ z, This AlA® Docotx+ersi is protected y tJ. : Copyright tam an of ante iariai Trea±les. tinautlga�razed r�prodrrct=nn r�r dis±rira�ttah o€`this AIA® Document, or any portion o% may result in severe civi# and criminal Pena€:les, and will be prosecuted to the m2ixi.mum-extent possible `22 f f under the later. Purchasers are not permitted to feprodum this document To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia:org: because of delays, improperly timed activities;. daMage: to the Work or.defective construction by thc.,Owner's own forces or other Multiple Prime Contractors. §: 6.2.4 The Contractor shall promptly remedy carriage the Contractor wrori: fully .causes to completed.or;partially c nip etl d. construction or to property of the:Owner, separate contractors, or .other Multiple Prime Contractors as E ,�� � � �rovitied m Section I0.2.5. _ § 6 2 5 Fie Owner and other Multiple Prime Contractors shall` have the same .responsibtlltues .'or cutting and patching , � a scribed for the Contractor ixf Section 31.14: . "y Owner's Right to Chan Up lispute arises amod-khe Contractor, other Multiple Prime pr their Tess five cts far mai�xxam�t the pzises a lbish, the Q ter m� ;fin up and the:ConstmotioiaMann trig thostesli'ons>11 A�271rl 1;+7_,�, i,4 -1�lt:rt= "J'&*i41z AIf1RK 1prs atpil the Owner as to the responsibility iujttti3ng:area freo from waste materials and notice to the Architect; will allocate the cost , 3J* io orl �a 'be accomplished after execution of the Conttact; and without invalidating the Cgntr At' �y CI e rd r ction Change Directive or order for a minor change in the:Work, subject to,the 111nA,4 t3tts� tat�c��#Iizs���'/ and elsewhere in the Contract Documents eabased upon ag�reen iit among tb.eO. Wgez ConsUuclaon MA ager, Architect and Co ac oz `C'ons �ti t Change Directive regiitres agreMi.ent-hyr e Owner, Construction Manager and Architect -Amd aY o Y n $ t y the Contractor, ate order for a minor ehang in the Worl ,zxiay.be issued by the rchrtect alone ti § .1 3 Cl anger to th Wvik shall,.be perfgimmed: under applicable provisions of the ContractDocumei ts,:acid'the � orttracfior.shall pp.op protutpt r5 uniess,:otherwise provided in. the Change Order, Construction Change Directive or girder fora Inlnor dl tinge in the Vori . 4". § 7 2Change-Ordors Q;r y A ChangeiOrderis rvnitt zi instrument prepared b the Construction Mana er atid'.si signed by the Owner Construction p p y g Mn:r *0, Archit&dfr ab cifipractor, stating their agreement upon all of the following: ,' 1 Tlr ati ; n the Work; ..2, . Thi4 � of the adjustment, if any, in the Contract Sum; and 3 I C t of the adjustment, if any, in .tare Contract Time. b1i struetib64 ffige Qtreektives § 74 ' A struction Change Directive is a writtenorder prepared by .the Construction Manager and. signed by the :; _ Owner t ozastrrYeiti:on luianager and Architect, .directi€ng a change in the Work prior to agreement on adjustment, if any, to the Contrrac Burn & Contract Time, or both. The Owner may by Construction Change Directive, without �nvadating the Contract, order changes. in the Work within the general scope of the Contract consisting of additions, deletions or -other revisions, the Contract Sum and Contract Time being adjusted accordingly. A Construction Change Directive shah be used in the absence of total agreement on the terms .of a Change trder. If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustmentshall be based on one of the following methods i Mutual acceptance of a Iuznp sum properly itemized and supported by sufhcieni'substantiating data to r 1J,h x '1-2— h-.w perrmt evaltuat ort, 2t prices stated in the Contract Documents or subsequently agreed upon; 3 Gist tb be determined in a manner agreed upon by the parties anti a nritually acceptable. fixed or = pe entage fee; or s _ 4 As'provided in Section 7.3.7. § 7.3.4-Jf unit prices are stated in the Contract Doctments or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that AlA Document A232Tm — 2009 (formeriy A20711.'CMa — ib92), Copyright ©'1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This Ale Document is proteated by U.S. Copyright.t air and tnterna`..ional Treaties. Unauthorized reproduction or disfribut?on of this 23 Ale Doournent, or any portion of it, may result in severe civil and crimirial penalties, and will be prosecuted to the Maximum extent possible f udder iha law. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@ala.org. iabttaj.j ql.-hie4u tier -or. application such s-Pf"Work Of unit Prifts- edwilt c2iuws 2, Contractor, the applicable unit phd6s shall be equitably adiusted_ th § 7.3.5 Upon receipt of a Cong"qti6jf-Ghauigp. Directive, the contfa6tor in.- e R.- e p agre e r -or, isaffemm Ived and zidvise tho Cen *Oap tehitea Mem 'ethod. if any, provided in tare Construction Change Directive for detemaling the jntipnsedadjft t Sum or -Contract Time. a ... . ...... 7 C there 25f 1% onstruction Change Directive sigtxed by �he Contractor indicate-91-h CoAlfhEtUr b.4teemift adjustmeti.t in Contract Sum and C oqqaqt Tiwor the method for QtP m them. Such Agrcquerifsh a Order. be recorded -,ao a Change effective imnimediat and shall tor 9 g HE n i0wes _W .4h I If the et" iqp�lo� in -the r. C, 6�Uda-Z onstru th. V a zd the aitjustriri tit on the:D rigs. of erl the vVo,,rkattributable -tC)the d gJcase n ofan increa}s640the Obfttradt our h profit as set forth i the Agreement; or if n6s-60 In amount is. set forth in the Agreement, a g* . I z nab c and also under Section 7_3-33, the Contraotorr 9A 11500P present; iii udkZ form as g '"Icyn -be, an em ther with -appropriate data fth' _;X, rk X_-, V m It. i�Oaqoountingtoge Documelats"cost's for. the P S&t6 Is-W be - I imited t, e f th R 4:, eluding and unempl yahemlwwr*eeringebo*tftcq ird custom, Arid w oftke P ru es and.e�;includinn cost cif rdnsportation,.�l ether -incorporated or ME iyand cquipn��adhlgiva dfhmd tools, Wbetherrented front the Coatr_eforn permit to the s for all bonds'"Agd-ifiglurance, fees, and sales, use or.similar taxesff Aled 0 0 k personnel directly attic ibutablejoF.ft g�ge. and field office _A, 4"o 8q g 1owed by the Contractor to the Owner for a delvii ..7:VQrT that results in a net v" ,4, J- , § 7A T, -he- 460&t e RV, Man r acid Architect When WM, e Ad 4_01 11 be actual net cost as confirmed by the Constru 9 allowance for averhead C I sX03Ve_rIng F. bnsI d, related Work or substitutions are. involved '41 ange th Pi4t C basis of net increase, -.if anWwith respect to change. urination of the -total cost of a Construction Chaiqge.Directive to the Owner, the Contractor Work completed under the Construction Change Directive in Applications for Payment. The I A3:bhitect will make an interim determination for purposes of monthly, certification for A certify for payment the amount that the Construction ManAger and Architect determine to ie interim deterrnmatioii of cost shall adjust the Contract Sum wl the same basis as aCha'nge of either party to disagree and -Assert a Claim in accordance with Article 15. _417-1 b. en the Owner and Contractor agree with tha determination made by c Construction M anag0r and Architect Wh _!k concerning Ylte adjustments in the Contract Sum and Contract Time, or otherwise reach agreeinent upon the adjustments, such agreement shall be effective immediately and the Construction Manager shall prepare a Change Ord&'.- Change Orders may be issued for all or any part ofg Construction Change Directive. F. 4 Minor Changes in the Work not involving adjustment in the Contract Th..Architect has authority to order minor ch gqs1a -the Work extension of the Contract Time and not.-inccl><isistentwith the intent of the Contract Documents. Spqft kes will be '4 effected by. written order issued Owqiko.fli� M Construction anager and shall be binding� on the0AWand Contractor. -: §&.1-j 1•_1idb�&,otherwis6 provided, Contract Time is the period of time, ineRidi authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of cominencern. eat of the Work is the, date established in the Agreement' A(A Document A232TI - 2009 {formerly A201 wCMa - 19921. Cop . yriO ; lit.01�992 and 2009 by The American'lnstitUte of Architects. All rights reserved- Init. WARNiNG: This Ate Docurnent is protected by U,s, CQpyrlqbt Law and InternationalTreaties. Unauthorized reproduction or distribution afthis 24 Ale Docmoant, or any Portion of 4, may result in severe civil and criminal penaftlei, and will tie prosecuted to the maximum extent possible under the taw. Purchasers are not permitted to reproduce this document To report copyright violations of AtA Contract Documents, e-mail The American Institute of Architects' legal counsel, czopydght@aia.org. § 8.1.3 The date of Substantial Completion is the date certified .by the Architect in accordance, with Section 9.8. § 8.1.4 The tern:). "day" as used in the Contract Documents shall mean calendar day .unless otherwise specifically defined. less and Completion x n § .21 1 i e limits stated in the Contract Documents. are of the essence of the Contract. By executing the Agreement the Coiiieactor confirms that the Contract Time is a reasonable period for performing the WtlE ; Fhe Contractor shall not knocvi.0- gly, except:by agreement or instruction- gf thvv`her in:.writmg, pmmattrrely commence operations on; the site or elsewhere prior to the effective date of:ihsnratt required by Article l l to be r-filrdished by the Contractor and Owxter. The date of commencement of thew'.. shall not. be changed by the effective k da€i of such as ranee ';. t3'1 3 The G rit ctof, 4, proceed expeditiously witlii adequate forces and shallachieve Substantial Completion .v'in theo tct Ti' § pelai aid Exeafis NO aioniotnis deb"d at any 'tirne in the commencement or progress of the Work by an act or neglect. of tie Onr.vner's tivvrt Construction Manager, Architec an of the other Ivlult3 le Frime Contractors or an a g Y p. any of the e= hartges; ordered -in the Work; or. by labor disputes, fire, unusual delay in deliveries; v : un4v!o l-e cas talttes oirt fl,e causes beyond the Contractor's control• .o.. bYdelaY authtz'ed by th e Owner pending ng rrtedtattt�n and rbitratxo br by ether causes that the Architect; based an the recommendatrd t of the Construction Ma ra or d.. rmirme 4-. is elay; then the Contract Time shall be extended by Chatrge Order for such x reasonabl lime asechyftay. determine. N' 8:3,2.- LaimsSl�elattng o to Phall be made in accordance with applicable provisions of Article fly. § 83 3 Th $Section 83. does nat;preclude_recovery of damages for delay by either party under aftf provisions of the Contract D'ocurne4ft: r' ARZTIGLE 9. PAYIV18tVT ,4 COMPLETION ETIO�! .9.1 Contract hum The Contract:Sum is statYzr-the Agreement and, including authorized adjustments, is the total amount payable by the Owner to tl> performance of the Work under the Contract Documents. § 9:2 5C.hv0di).e ►€tiafaes Where th&CMon€racf is ased;bb a Stipulated Sum or Guaranteed Maximum Price, the Contractor shall submit to the Construction Manager, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accurac, a e..Construction Manager and Architect may. require. This schedule, unless objected to by the Gdhstructitin`M-anaget or Architect, shall be: used as a basis for reviewing the Contractor's Applications for Payment. In the -.event there is one Contractor, the Construction Manager shall forward to the Architect the Contractor's schedule of values. If there are Multiple Prime Contractors responsible for performing different portions of the Project, the Construction Manager shall forward the Multiple Prime Contractors' schedules of values only if requested by the Architect. § 9.3 Applications for Payment § 9.3.1 At least fifteen days before the date established for each progress payment, the Contractor shall submit'to'the Construction Manager an itemized Application for Payxrtent. prepared in accordance with the schedule of values, if required under Section 9.2, for completed, portions of the Work. Such application shall be notarized; if required, and sumo 4. erl: by such data substantiating l`he Contractor's right to payment as the Owner, ConsEntetr ii Manager or Architect zmy rewire, such,". -a copies of requisitions from Subcontractors and material=suppliers, and shall reflect s, retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such -applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Construction Manager an# Architect, but not yet included in Change Orders. AIA Document A2327'^ -- 2009 (formerly A201 TmCNIa-1992):.Copyright @ 1892 and 2009 by The American -Institute of Architects. All rights reserved. Init. WARNING. This AIA° Document is protected by U.S. copyright Law and International Treaties. Unauthorized reproduction or distribu5on of this. AIA® Document, or any.portlen of it, may result in severe civil and criminal penalties, and Zl.be prosecuted to'the maximum extent posstible 25 under the late. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American institute of Architects' legal counsel, copyright@aia.org-. § 3.9.2 Applications for Payment shall ineluile,reciesis :far payrrtent: for portions of:tte :Work for which Elie Contractor does not intend to pay a. Subcontractor or" material supplier unless such Work has been perforlrried .ly others whom the Contractor intends to pay. § [ #€less otherwise provtded iii the. Contract 17ocuments, payments shall be made on account of matcTia s an fieh delivered and suitably stared'at the site for subsequent. incorporatiozi:n the Work rf approved avaiie >« er, payment rria sirni.2ar1 be' natte for Waterials.and a ui merit suLtab stored off~tt@ lie at a ltrcataora q p � agreed upon in writing: Pa inept for mate aIs and egiiipment stored on or off th site shal>I bi.� ;.cstziditioned upon s ' iai%ce by the Contractor with procedures sa.*fac!ory to the Owner to establish the 0wkner's title to such als and equipment or otherwise protect the "Owner's interest, and shall i=3ude ti osts-of applicable insur-au , storage and transports ' to the site for, sudk nmti pals: and equipment stored the site,. j `3,3 The GoRractor is that title to all Work covered by an Appl ca i=for Pa} mentwill pass to �e Qviier:no 3 'l ier than th',*- e of . t. The Contractor further wairal ts2tTiat�ipon submittal of an Application for Payment all k for of � ert l for Payment have- been pre-viotisly issued aiad�payments rec rved from the Own& sliatl, to,. �e Best ome tantrae knowledge, information and belief, be free and clear of liens, claims, security interests air . ' emeumbra %kit fare` tr heF y pntractor, Subcontractors, material suppliers, or other persons or. entities making a ° i bys of� p fed labor, in slid equipment relating to theWork. §,.4.�Fttesr;arme��I 9s9 ' t re oantraetor, the Construction Manager will within seven days after the Construction . _Maur'snre�o1c3tractor's Application for Payment, revte�v ale Apglication,.cariiy the amount the . apagmr l roes. is due the CoWactor,: and forward the contractor s. Application aril CezttfiEarte foz ;£ P :; t tfc� ate Arch � r seven days a er:tlre Architect ri�celves the Coutractor's Application foz Pay en�t so`tl�eostructitn arrQie Architect will either to the Owner a;Cezttfiaate for Payment, vs�>tlr anpy to t� ConstrdPtzQr� Mwtagoit such amount as the,- AN ti ect determines is properly due, or notify the Construction E_ lariagex,and Owner ti f the Architects Feaaons.for withholding certificatioh in whole or in parkas p�d Ik Section 9.5.1 _The Gong€i2tet n Manager wall }rornptly forward to the Contractor the Architect s rioc of 4 yvitlrtr eerticattan - k § 9.42 Wlierc there are M. ple Prime Contractors performing portions of the Project, the Construction Manager h wall; kuft SevDi�i cjays der the Construction Manager receives the Multiple Pririie..onlaractozs' Applications: foz I Pa, ment (1) review the Applications and certify the amount the Construction l ariager determines is due each of the wIM611 iple Pxim G-0fA,*k6rs- (2) prepare a Summary oaf Contractors'. Applications for Payment by. combining ' � information from each altiple Prime' Contractors' application with information, from similar applications for peogresspayments from other Multiple Prime Contractors; (3) prepare a Project Application and Certificate for . r Yaymezit; (4) certi#j :th -,.amount the Construction Manager determines is due all Multiple Prime Contractors; and (}forward, therirr�r�1of�Contractors' Applications for Payment and Project Application and Certificate for Pa eni to the Ax Gt. fU ; 9A 3 Witl - n semen days after the Architect receives the Project Application'and Project Certificate for Payment and ' the=Summary of'Contr ctors' Applications for Payment from the Construction Manager, the Architect will either issue to the.Qwner a. Project Certificate for Payment, with a copy to the Construction Manager, for such amount as the Architect determines is properly due, or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.L The Construction Manager will ' promptly forward the Architect's notice of withholding certification to the Contractors. § 9.4.4 The Construction Manager's certification of an Application for Payment or, in the case of Multiple Friffie Contractors, a Project Application and Certificate,. f Payment shall be based upon the Construction Manager's I evaluation of the Work and the informatio provided: as part of the Application for Payment. The Cons.th4cilon Manager's.certification will constitr teaxepresentati.on:that, to the best of the Construction M*� knowledge, inforiaiatiori.aitd?�:�lief, the Work ]rs progressed to the point indicated and the quality ofithe Virk is in accordance y 4, with the Contract Documei is -The certification will also constitute a recommendatron tc €_tbe Architect and Owner that. the Contractor be -paid.e amount certified. - § 9.4.5 The Architect's issuance of a Certificate for Payment. or in the case of Multiple Prime Contractors, Project ' Application and Certificate for Payment, shall be based upon the Architect's evaluation of the Work, the recommendation of the Construction Manager, and -information providedi as part; of the Application for Payment or Project Application for Payment. The Architect's certification will constitute a representation that, to the best of the AIA Document A232T — 2009 (formerly A201 T"'CMa->.1992)., Copyright 0.1992 and 2009 by The American Institute of Architects. All Aghtsreserved. Init. i+LARNINCk This AIR® Document is protected by U.S, Copyright i.aat.antl international treaties. Dnatst_horized revroduction or dcstriiaut€ors of this z�i AdA�' Document, or any portion of it, may result in severe c'MI ana criminal potatoes, and wHii be prosecuted to the maximum extent possible f under '.he lava. Purchasers are not permitted to reproduce this document_ To report copyright violations of AIA contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. Architect's knowledge, information :and belief, the Work has progressed to the point indicated, that the quality ofthe Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. T�� , w ., §%}8 l representations made pursuant to Sections 9.4:4 and 9.4.5 are subject to an evaluation of the Work for ;� : 'G'�-ice with the Contract Doeurnents elpon Substantial Completion, to results of subsequent tests and ttfapn, to correction of mir[ar deviations from the Contract Documents prior to completion arrd't� specific �- qual[�ications expressed by the Construction Manager or Architect: _ R s asq� The issuance of a separate Certificate for Payment or a Project Certificate for ;,1_ ; eht will .not be a >entation that. the Construction Manager or Architect has (1) made exht(ustive or continuous on -site inspections ,ck the quality or quantity of the Work, (2) reviewed the Contractor's bonstruction means, methods., techniques, nces or procedures;-) reviewed copies of requisitions received from Subcontractors and material suppliers and data requested by the Owner to substantiate the Contractor%right to payment or (4) made examination to aiose -the Contractor has used money previously paid on account of the Contract Surd_ y yx� up[.w�y[Es;:ems vrtt�it►glu t,��itrtc�[tan , 1 I�optstr�1�r or. Architect may withhold a Certificate for Payment or Project Certificate for Pa ner hvle�`A W are'extentreasonably necessary to protect the Owner;: if in -the Construction Manager's i Ar opiiir b fl[e r bntations to the Owner required by Section 9.4.4 and 9 4 5. cannot be made. If the C006't t M I, _�C_r ox ct, is unable to certify payment in the ameunt of the Application, the Construction . Maerill aottfy tho Ctnat%tor and Owner as provided in Section 9 4 i ,and 9.4.3: If.the-Cont actor, Constructioi �chitQct ot e on a revised amount, the Are-hitect will promptly issue a Certificate for ,Payrrtent etra xi jee e fi e far Pay t for the amount for which the Architeck is able to make such representations to the ranstr[3rtiQn Mr[er or Architect may alsta withhold a Certificate for Payment or, because of sul equerzt d�scawered..: uxdop x or subsequent observatrOhs, may nullify the whole or a part of a Certificate for ly>i�or Piet Ceifiate.r Payment previously`issued, to such extent as may be necessary in the Contstructon i Iana x s,or Arch[teot's'oprnrart to pr te'ct tht :Owner from loss for which the Contractor" is responsimble-, iaicluding lnssesu�lg fr®-fie acts and.pruss�or s:described in Section 3.3.2 because of dp£eetive 1orl� cst remedied; third party, olatrr s filed or reasonable evidence indicating probable fij,uli o -sif6h claims unless security acceptable to the Owner is provided by the Contractor; 3' failure of the C- ontractor to make payments properly to Subcontractors or for labor, materials or equipment, .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the. Contract Sum; .6 . darriage to the Owner or a separate contractor; able,evidence that the Work will not be completed within the Contract Time, and that the unpaid bola gee would -not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. .9 62 WUwAhe=abouq;reasons for withholding certification are removed, certification will be made for amounts px�yious�ly: �vfkiheld. § 9." If the ,Architect or Construction Manager withholds certification for payment under Section 9.5.1, the Owner may,. at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment. for Work properly perf6nned or inateriai or equipment A. suitably delivered. If the Owner makes payments by joint; check, the Owner shall notify the Architect and the Construction Manager and both will reflect such payrilent`on the next Certificate for Payment. § 9.6 Progress Payments § 5.6.1 After the Architect has issued a Certificate for Payment or Project Certificate for Paymait, the -Owner shall riiaice payment iri the manner and with ii the time provided in the Contract Documents, and shall so notify the Cor s#ruet%on Mahager and.A Oiitiect. § 9 6.2 The (�antractor shall pay each Subcontractor, no later than seven days after receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages acttially retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each. Subcontractor to make payments to Sub -subcontractors in a similar manner. AiA Document A232T' —2008 (formerly A201111CMa—1992). Copyright ©1992 and 2009 by The American Institute ofArchitects.-All rights reserved. (nit. WARNING: This Ale Document is protected by U.S. Copyright Lave and international Treatles. unauthorized reproduction or distributlon of this 27 Ale Document, or any portion.of it, may result In severe civil and criminal panattles, and will bb prosecuted to the maximum extent Possible under the lave. Purchasers are not permitted to reprmduee this document. To report copyright. violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia"org. § 9,6.3 The Construction Mana,.er mill; xi *oUest; firm to;. a Subcontraetor, ifpracticabje, nforxnat a t red ding percentages of oiiiplet on or alt OM $ appix d for by tl s~° oxitFactor an ,:action%take€: Freon tljo Owner; Construction Manager and Architect on account of portions of the Work.done by sui h, Subcontractor. 9 `l Owner has..the fight to requesC wrrtten�uideie� fro i the Contractor, that then- ontractor has properly d _1iators and material and:equxprr}nt suppiez airxrtaid by fire Owner to ttii Corttiactdr for subant� �� � � e Contraetor.f ils io it urs�.stich a (duce v tn" etz a the a or.Aall jiavg e.tlA if.to cone subcontractors to ascertain wheflier they Faave been properly paid Nether the .Owner ;. ast ctronM..lager rtor. " kt"` Atcl t shall have an obligaticari=ta pad or to see.to the payment of money to a Suh oiitrac or except as may otlp tse be required by law. 5 Contra for payrit � to mat�ija and Ilquxprperit s ppliers shalll eat d 1ri a i xanner si ilaz to fhat:prr3vided s ctions 9hT'9.6 6.4 �Q.fi A C to f eat, a progress pavanent, oa garnalr entize use.:or oceupacfera�t by the er sha t on�cceptatice of Workriot in aeeQrdance with rile Contract Doaurni rite. s a .r - � ,7 me t . ` ices the Owner.w`ith a p4-,meritbond in the frill penal:- �1 �g �cai"at :Sum, E otor for work properly performed by Ihco tractors acid suppli ashall lxe. held y . F aetars or stipplicrs vwho.performpd ttJt}rk ar fitrWhed *o4 isrl oth,>si%cler t��t tr f hieh payrneut rnatle by the :Oymf .., bthixrg corttair�ad h e shall require Y Xs �' e iizot t o in�a e e account and not commingled with ined- pf the Contractor, shall create any du' 1i r �1Iitri rise pit o>f tie Coaactor fir hriaeli of mist or shall entitle any persore or entity to x ` art ward c� i lee t the Cc nira#9r` foz b�eaclt. vl'.the recluirpments of this pray..ision. y r 97 Fatll3z of the, bustru+ t7 g A rchttect da slot retie a Certificate for:Payiri wt or a °Prof-ect Certificate Bor i'avnie�it; F throe lxAb fau�`tMo���rac within �attrtoeti daysNa#Ier the Construction Manager's receipt of the Contraetor'�' Applicatto4f. or P or x Own-et.doesaotpay_ the Contractor'Within sevenxlays aftertlrc dI.Mestablished in the Contr c Doe iita.4 lint rrert Pied by the Construction Manager and,A. •zclritect rrr awarded by binding di .w-r� 11t1©rig'. 1 F�`' tra`Gtflr lllaV, upon: seven additional days' written. �NbtiC�'t(�-1lledwnl?1;'; -COrk$t�4liCtiOrl 11t a gerr A%.�4'f t, t©p the Work until paymexrt. i f the amount owing has bt err ec ived. The Contract Time shall be ecnd appYo.tiated:the Cortract Stan :I7e ixrcreased by'the ainouiE:esf the Contractor's reasonable costs of %ut down - aril stair np, plus interest as. provided for in the Contract Iocuments. § 9:8 Stibstantla{ Coinpleiion §• 9:8.9 Sub t z etion is the stage in.the progress of the Work when the Work or :designated portion thereof is suffre ently cornpl t rx aceoMance with the Contract I?aeumpnts so the Owner- can occupy ar xitil ze the Work for its intended. use. Len,tlre ,Contractor considers that the Work; or a portion thereof which the Owner agreesto <accept:separately, is suFbstaritially eompli te, the Contractor shall notify the Construction Manager, and the Contractor and Construction ManM_er shall jointly prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior tii final: yineat_ Failure to include an: item on such list does not alter the responsibility of the Contractor to complete all Work in accordance With the Contract Documents. § 9.8.3 Upon receipt of the list, the Architect, assisted by hk,G nstruction Manager, will snake an inspection to determine whether the Work or designated :portiQw-thereof is substantially ,complete_ If the. .Arclikect's. inspection discloses any item, whether or not included on . list, which is not sufficiently complete in aceordance;w tb the' requirements of the Contract Documents so;that rile Owner can occupy or utilize the Work or:despgn .teal Portion . thereof for its intended use, the Coritractar shall, before issuance of the Certificate of SubstantiO Corripietion, COMO�*�ttr � trect such item upar� Aotifrcabon by the Architect. In such ease, the Contractor 81f Their submit a ~ requt f'z art�tEt inspeetion�by the Architect, assisted by the Construction Manaex� tv:deterrrrine Substantial ,. ' Ca lEtl�xn ' s § 9.8.4 Wh'ei the Architect; assisted by the Construction Manager, deterrAines' hat the Work or designated portion thereof is substantially complete, the .Construction Manager will prepare; and the. Construction Manager and Architect shall execute a Certificate of Substantial.Completion=that shall establish the.tlate of Substantial. Completi€sn, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work AIA Document A232 al — 2009 (formerly A201 T C.Nla—1992). Copyright ©1992 and 2.099 by The American Institute•of Architects. -All iights..resPrved. Init. WARNING: Ale Document is protected by J,S..Copyrght save and International Treaties: Unauthorized reproduction or distribution of this 28 Ale Document; or any portion of it, may rest!lf.in severe elyfl and criminal penalties, and wal be prosecuted to the rmaxirnurn extent possible f under the lays. Purchasers are not permitted, to reproduce this documenL To report copyright violations of AIA contract Documents, e-mail The Ariterican Institute of Architects' legal counsel, copyright@aia.org. and insurance, and shall fix the time within, which the Contractor shall finish all items on the list accompanying :the Certificate. Warranties required by .the Contract Documents shall comme�ice on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in .the Certificate of Substantial Completion. r , § 9 8, ke. Certificate of Substantial Completion shallbe submitted to the Owner�aad Contractor for their written 1 aeeoptapee of responsibilities assigned to them in such Certificate. Upon such -acceptance and consmt..af surety, if f5 �, any,.tlse pwner shall make payment of retainage applying to such Work or designated portion thczeof Sueh:paynient shall be adjusted far Work that is incomplete or -not in accordance with the requirements of the ntract D}aoun7Fats. 1 k _ +Y §.9.9 Partial Occupancy or Use .� § 9.9.1 The Owner may occupy or use any completed or partially completed 1) of the Work at any .stage +hen ,` such portion is designa# d ley separate agreement witic the Contractor,p ti�le"il such occupancy or. use is consented. '= by the insurer: q:s requi d ider Section 11.3.1.5 and authorized by public authorities having jurisdiction over the f "'Pro Project. Such partial occitgancy or use may comtnenee whether sir not the portion -is :substantially complete, provided k °the -Owner ziod,Contractot have accepted in. king the responsibilities assigped to each of theirs for payrzrents, xetaiiage if any,securrty, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing `. <ctin ernrrtgc the penead a correction of the Worl and commencement of worrantzt s required by the Contract �tctlune�;ee Iontftt]r considers a portion substantially complete ,,theContractor and Construction r iaHeiagelr slalllott t pepare aid submit a list to the Architect as provided 'under Section .9.$..2. Consent of tie gahtractrar�to pa oa cutZar,or use shall not be unreasonably withheld. The stage of the progress of the Work shall ' ��r _ be determil ed b tten rent between the Owner and Contractor or, if an: -agreement_. is reached, -by de ision of r the ;Arc hitie aft a ons�# c i with the Construction Manager. §,9.9.2 ImmOdiatelpprior to su6h partial occupancy or use; the Owricr, .Construction. Manager, Contractor and Architect shall jaia# y i 'specC #1 e.:area to be occupied orportion'of the Work to be used in order to determine and record the conditiott?ofthe World_ § -9.9.3 Unless otherwise agreed, upon, pariial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work hot cornplyii�g; with ie'requirements of the Contract Documents. § 910 PltalGolnpleti.on anrl=Finai Payment § 9:101 LIPon coirtp «>on .qf the Work, the Contractor shall forward to the Constffi&& Manager a written :notice that the Work is ready for final inspection and acceptance and shall also forward to Ike'Construction Manager. a -final Contractor's Appl :oation for Payment. Upon receipt, the Construction Manager will evaluate the completion of Work of the Contractor and Chen forward the notice and Application, with the Construction Manager's recommendations, to the Architect who will promptly make such inspection. When the Architect, finds the Work acceptable under the Contract Documents and the Contract fully performed, the Construction Manager and Architect will promptly issue a final Certificate for Payment or Project Certificate for Payment stating that to the best of their knowledge; information and belief, and on the basis of their on -site visits and inspections, the Work has: been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the .filial Certificate .is due and payable. The Construction Manager's and Architect's final Certificate for Payment or Project Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as ` precedent to the Contractor's , pr being entitled to final payment have been -fulfilled_ § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect through the Construction Manager (1) an affidavit that payrolls, bins for materials and equipment, and other indebtedness connected with the Work for whichrthe Owner or the Owner's property might be responsible.or encumbered (less amounts withheld by Owner) have b. eit-paid or otherwise satisfied, (2) a certificate evidenq i g:that insurance required by the Contract Documents 10 reiiiain in force after final payment is currently in elfeer arrd,i will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, {3) a written statement that the Contractor knows of ao substantial reason that the insurance will not be renewable to cover -the period requitedby the Contract Documents, (4) consent of surety, if any, to final payment and (5)`, if required -by the Owner, oihef. data:. establish" payment or satisfaction of obligations, such as receipts, xeleases and waivers. of, liens, claims, security interests ar-encumbrances arising out of the Contract, to the extent and in such form as may be designated toy-tlie�Owner. If a Subcontractor refuses to furnish a release or watwr'required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the `Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to. the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reaspnable attorneys' fees_ AIA Document A232T1' — 2009 (formerly A201 *"'CMa—1992). Copyright @ 1992 and 2009 by The American Institute of Architects: All rights: reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Lary and International Treaties. Unauthorized reproduction or distribution of this Z� Ale Document, or any portion of It, may result in severe civil and criminal penalties, -and will be prosecuted to the maximum extent possible under the law. Purchasers are not pennitted.to reproduoe this,document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia_org_ § 9: F0.3�lf,'alter-Subst�rtial Con pletiotl-iof�- WoYlc iri p �ttan o*r4o�is nhaleit ly.y de ayed:thtough ria f i of `4 the Gant i ctor or by issuance of Gh4 Orders° a$l, A a: Tina} eoffi etri , "d :ire Conoiluoon Manager n Architect so confrzirirr, the Owner'sbA�-iipo1n'gP icatZ7dz y the Gonir tar, arrd; ertr c fiorx by the Costirttcttro 3 Managez,and Architect, and �vzilrarit term tatrna b e Contract, ,make paymeW or`the balance d t for that portrcin of the �v 1" coirtpleted=arid acceptett lill ' ek A gbaNfic'c for:-Aork iot f ll -�ompIkodi6 ; ., &fikd. is lest*an 3 °ttlated: irr h Cantraet Dohiertttl aitlds l%as izeetrnirtslnd, t[re.c+rrtrt cansentof surer fc� rile li�lanee due for drat por#tirf#¢o'-f�tilypetE�: and accepted slrak� ��tnr�#�d bv�re Carriraettai to the Arclitect throuti tie aristrtrcto latrragspr�ia� toextticatian o>clrsaienttreh �5ayiirt 3 �� s12 aele rtnder terms and cori trorrs .gQverniag sial paytne t, exeept that it sir2:11 aot col7;stritrEe a waived n. VgfV,411.ontteawalvjai OiTe rig or}tf- the ��e e t flse �tng fr�ra� s 1 Ytns; C securerrrterests cirerxcustilrarrc>"s artsti WoeCorxtractd:unttled; r lure, -ax k f ��ns ai �varrrklYsqurrd 1�+ rite Coiratobrtis 3 �k5fo 5 c t die Cvrrtractor, a Sribcorttractor orlartri rat supplaex~laIl constitute a taxi . 3 =ar e se prevj.ous y_rtrade rirwri%rrag d ar er lrfred b that payee ass-un dided at twft 3 3. RM ��p �T�0[SNllll'fJFFtTY` f A_atafloalld�agxalns �, a za11 heesnsrl> for ra3nrng arzd sape> sing alautrons.arid programs i safety.;precrxr: x c o thIt parac� the Corrtxact; The Ccaaxttacttxr shall submit the Conizactor's safety.pagr to rite r a a� ox r and csrsftitran vvrtlr t aafoty programs of other Can�tr err,'tror�{rraggr':esonsibrlxties fox revrevv Arid coodrnatiozr of safety programs sl all nnot extend t direct. �n -_ t .off ge oTt ads or omissions of the Contractors, Subcontractors; agents or eziployees ,of tlxe yh� y p p portions .. p� y o ubcort ac rs, az atr of rez exsoxrs eformi g of the Work and not dire ei�ix 1 ' _:ed � the Con atrwr era § 10 2"5e�if >5onc F�operty d Oy2i �� ar ra 01 ffi, take re-asonableprecautions .for aafety of, ab d shall' provide reasonable protection to ;, prev"Na knage, In}ia _y or 1qspio }ie Work bird other persons who. play be affected Chere'bX; 2 - e or` materials and i'quipxaent to `lac rncorpnrated;therein, whether rn'storage an:or off the site, :;- under<eare, custody or cbntrof of the Contractor or the Contractor's Subcontractors or Sub- + �-- Mb�)r�a�tOrS; 3 �tthoripr'opert t'the site or adjacent thereto, such as trecs,,sl bs, I wns, walks, pavements, roadways:, Or,uda es aahtilit es=not=designated for removat,relocation or replacement in the course of .construction; and i K z � = ct7tlstlaction or operatims'';hy the Owner ar other -Contractors. -The Contractor shall comply with and -give notices requited by applicable laws, statutes; ordinances, codes; ztrles and reiitations and lawful orders. of public authorities bearing on safety of persons or property or their Y' protogion from damage, injury or loss; § 10.2.3 The Contractor shall. erect and.maintain, as required* existing conditions and performance of -the Contract, j -.-easonable safeguards for safety atxd protection, xnciudaxrg'postir�g claaagez sites and other war n s against ltaa rds� - > promulgating safety regulations and uotilyjng owners and users of adjacent sites and utilities.'' § 10.2.4, When use or storage of exp£ba-ves;or other hazardous matoWs or.eguipment or uni4.s&al xnethbdsare Ae.pesw fax - ution of the Word; the Contractor shall exercise uttnostcare and carWi5 such activities under S: 05 . fproperlyqualifiedpersonnel: § .I 2 Contractor shall prornptly.reu dy damage and loss .{other thazr damage ox loss insured under praperty nisurartce required by the Contract Docurnertts) to property referred to in Saciions 10.2. 1..2, 1,0, 2.1.3 and 10.2.1.4 caused in whole or in part by the Contraotor, a Subcontractor, a Sub subcontractor, or anyonevdireetly,or indirectly employed by any of them., or by anyone for whose acts. they -may he liable and for which the Contractor is responsible under Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, AIA Docuinent•A=Tm — 2009 (formerty'A201ImClVla 1992): Copyright p m4 1992 and 2009 by The American Institute Ambitects All rights reserved Init. INARNING_ This. Ale Document is protected by U S. Copyright• Law and IMemational. Trvafies. i ngwthorized r production or distribution of this Alle Document, or any Portion of it, may result in severe civil and' crirnina: penaltless. and wl�i-be prosecuted to the rnaximum extent 3� under the late. Purchasers are not permitted to, reproduce this document: To report copyright violations of AIA Contract Documents, eanail The American . Institute of Architects' legal counsel, copyright@aia.org. Construction Manager or Architect .or.anyone directly or inditeetly employed by any of their, or by anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's. obligations under Section 3..18.. n ation at the site whose duty M § 10 2 fi The Contractor shall designate a responsible member of the Cantractor's organiz shall be the prevention of accidents. This person shad be the Contractor's superintendent unless otherwise designated F : by the Contractor in writing to the Owner, Construction Manager and Architect. AN m LL:. i0 2 7. The Contractor shall not permit any part of the construction or site to be load so as to cause damage or. cre8fte an unsafe condition. h� S. - y 1I12.81ttjury or pamact+o. Person or Property h . 4"'A - .. } Xf 3fther partffers ror damage to person or property because.ofan act or omission nfthe other party, or of IRWIf s for wdd'se�cts x :arty is legally responsible, written; ggoe°of such in g , - "y , ,. g Y p jury or daMq e whether or not 4 14599 ed, sha�� >ven #lie other party within a.reasonable tune not exceeding 21 days aver. discovery: the notice . � 11 proyiA#', p--fi. cunt "iI to enable the ogler party to investigate the.matter, 71j 3 7 Ctfn#Za tot s respnrtsi:bl.e for compliance with any requirements includcd.in thc�Contrac- Documents rgardzn�zardp ViaterI the Contractor encounters a hazardous material or substance not addressed in the Contrac abcurrter s and r re unable precautions will be inadequate to ppevertt foreseeable bodily injury or death to persons esuittng romp ate atal or substance, including but -not limited to, asbestos or -polychlorinated biphenyl (PCB},ericount� d o r s e by; the Contractor, the Contractor shall, upbn recognizing the condition, rmmediateIy stop Work in the a f eat ';report the condition to the Oi '-qea ;Construction 1vlanager attd Architea in writing. 40.3 2 Upon r0i 'P6 t4 actor's written notlee, tl�e Owner shall obtaxn:the services of a licensed laborator�to t s verify_ a<presexrc ab, Wie material or sttbstant✓e .reported by the Contractor and, in the event such rnnteriaY or :. =-substance is found tts'be�pr sent, to cause °it to be tendered harmless. Unless otherwise required by the Contract „• Documents; the {J ?x'�l-iallo-1,ii sh rn writing to the Contractor, Construction Manager and Archlt;ee '&ffie names and qualjBt it ions afgp one g7 tti es ' h are to perform tests verifying the presence or absento of such material or ._ subisYanee:vr wh6' areto p rfc znt the task of removal or safe containment of such material or -substance. The ' Contractor, the Construction Manager and the Architect will promptly reply to.the Q' i, r in writing stating whether or 4 nnt'any f #lterrt has reasonable .objection to the persons or entities proposed b the Owner, If the Contractor, x�xastruction Manager o iitect has an objection to a person or entity proposed by the Owner, the Owner shall rorase anotherk - hom + Contractor, the Construction Manager and the Architect have no reasonable objection.. M.fi WY en the material or st6mnee has been rendered harmless, Work in the affected area shall resumed :upon written 4-greement ofthe,'Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum sha l,,be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and s. start-up. 1,0.13 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors; Construction Manager, Architect, their consultants, and agents and employees of any of them from x' d.against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising.out of or resulting from:-erformance of the Work in the affected area if in fact the material or substance presents the risk of bodily, injury or death as described and -has not been rendered -harrnir;ss,provided-thatsuch damage, loss or expense is attributable to bodily injury, siclmess, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is not due to, the `' fault or negligence of the party seeking indemnity.. § ! 0.3.4 The Owner shall. not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless. such materials or suhstaraces are required by the Contract Documents. The Owner. shall be respaaasl�le %z Materials or subsfiances'required by the Contract Documents' except to the extent of the Contractor's ;. it or negligence in the use end "handling of "such materials or substances. s § .90:3. iThe Coni�actorshall indemnify the Owner for the cost and expense the Owncr incurs (1) for remediation of a material or substance the Contractor brings to the site and negligently handled, or (2) where the Contractor fails to perform its obligations under Section 10.3..1, except to the extent that the cost and expense are due to the Owner's ; fault or negligence. AIA Document A232T1" —2009 (formerly A201 TmCMa-1992). Copyright OO 1992 and 2009 by The American Institute of Architects. All rights reserved. Init- pit-ARN , to. This Al.e Document is protected by U.S. Copyright Law and International Treaties. finmuthorized. reproduction or distribution of this 3� Ate Document, or any portion of it, inay result'In severe civil and criminal penalties, and vAll be prosecuted' the maximum extent.possible / oduce this document. To report copyright violations of AIA Contract; Documents; e-mail The American under the €aw- Purchasers are not permitted to repr Institute of Architects' legal counsel, copyright@aia.org. § 10.3.s' If, without negligence:oftdre part of tiresConttracYor; th Contractor is held 3r� 1 by a «overt] iient a s y'€or the cost of r-ernediation of a hazardous riat�rral; or substxice solely by`easoii,ofperforiung WztC as<r"equrred'ty the Contract Documents, the Owner `shall i lfft ilwif rile Contractor for all cost and,isxpertse_tkdkoy iocurred: ' . �- `ericy affecting safety'of persons or �t~agerty, tkie Oontractor shall aot; at the Gontraetor's tftsbretiox� �o n_ �rreatened damage, injtxry,or lobs:difianal coii�pensaton or etenetoi ofiirne ola�nedy3tle CoritractdX erl ' account of an emergency shall be determined as providedin Article 1.:� and Artis~l� 7 :. �GLt 11 INSUK ;AND BVXQS Contractor's Liabili Imu ra se ' , > 1.1 The Gontracto ' Il purchase from acid rnainta'm in a-cornpaiiy or e+rnpanie 1u11;i3tlazod to da ess in tk# Etrisd .; err which the Pro ect is -1oc aced` ur l t sipmce as wr :pr�lebi :t mt otor hem in t o below, ,l��ki.in e aut of of res it f�ai�t. ht; ��7iZtr&iCt1lS s Qperations anf cord opeOtrcins. untle3r e act a t vhi ontraetor lit y be f all lra[ le, whether such operaations b 6 the Contractor or by $R � contra��rY. r; directly or in +'einploy�ed 1y any, of tlicrrr, or, y a zycit e.fdr:whose ac s.ariy of i ixr be li 6, la"e erscompensation, disability benefit and other similar ernptaeeibentt acts`wrr ~ r �a 'e Work o be<,pdrforrntid, es hecatase of`-bccr rly injury; oeeupational sttykrie or dl� ea e, or death of the Y ag :because of bodily 11*ury, sickness or diseasea-or �%ea of y pelt aoii. cfther than the - 1 h 4` `` Ala a ins�urnd-by usual persa al rnfury lrablr€y coerag�, s: C k u Rb r i other than to the W-dik itself, because of injury to ox destraction of tangible -Hiss 6fuse result-uilgtl0*om; <sr115a cF fges'because ofbodily ixrfitry, death of a person or propez"daniuge arisrug out of y awrzts tsEiitance of use ofa mlator vehicle; and Cl tiitss r b dj�i�iiry pr property damage arising out of completed operatiors, an $ 'iSs ir�ontratual lralilty insurance applicable to t11es Co Contractoxblgatons under z SecaS96t uqb 1 we ins'tit'�9 rec iiir d by. -Section 11.1.1 shall be written for not less th�xt iimr�s of tialliihty specified in the ac td ocra tr z > ed by law, whichever coverage is greater. Coverages, whether Written ©n an aectrtreztce o citFis-ztasghtIte marrrtarned without. interruption fromthe date of conirrreicemed# of the Work until the e3W'off'ibal payzn^e`i��. id termination of any coverage required to be maintained after fuial payment anel, with respect <.t he�ri%raitorr A ipleted operations. coverage, until the expiration of the period for oorrection of W rk ar'for svo ,otlrer.period tejrt'ance of completed operations' coverage as specified in the Contract Documents: 11 v 3- pQerttficates of insurance acceptable to the Owner shall be submitted to the Construction Manager for riiiisnaxttal tsi the Q s er with a copy to e Architect prior to commencement of the Work arzrl thereafter upon renewal` ax relacetni iii df each required policy of insurance. These certificates. and the. -insurance policies required by this Sect a 11 "1 shall contain a provision that coverages afforded under the policies will not be canceled .or allowed to expire until -AT.-least 30 days' prior written notice ias beerx given to the Owner: At additional ceiticate evidencing continuation of liability coverage, including coverage for completed operations shall be submitted with the final f, k� Application for Payment as required by Section 9.10 2 and thereafter upon renewal or replacement of such coverage " €ntil the expiration of the titre required by Section 1 l f 2 fnfarmation conceiningreduct-16n of coverage shall be RN 21 (wished by the Contractor with reasonable prorngtness.. _ G f § 11.1.4 The Contractor shall cause the con=crcial liabili-ty.coverage required by the Contract Docuriierits to include (1) the Construction Manager, the Coristrt ction Manager's .consultants, the Owner, the Arcb ib t t, and"the Architect's ' ou t ltarits=as 441tional irispri.o fair aaimns caused in whole or in: part by the Canixaotoi''s negligent acts or ornissiorts } ` ` +; durir tie Contractor's opi atior5; and (2) the Owner. as an additional insured fox clats moused in whole or in part -by k�° the Contractor s ikEgli#eat its ar omissions during the Contractor's completedreraiiohs. '. § 1T:2Owner's Liability laswrance § 11.2.1 The Owner shall be responsible for purchasing and-maintaining the Owner's usual liability insurance. Init. AIA Document A232TM - 2009 (formerly,4209T'" EMa-1992). Copyright.0199.2 and 2009 by The American Institute bf Architects. All rights reserved. 'O ARN9i : This A0 Document is pr6tacted 4y LLS. Copv{rigjpt r ayi and Treaties, Mauthwized: reproduation or distribution of this 32 Ale Documvit, or any pourion of it, malt re,%ult in severe civil and cEnrnhiat. pWatties, and -will be. prosecuted to the maximl�m extant passiblo f under the taus. Purchasers are not permitted to reproduce this document. To report copyright violations.of AJA Contract Documents; e-mail The American IncF:fr.ln of 6rnh�lorFc' InnaE rnrmcal nnnvrinhtrnlaia nm - § 11.3 Property Insurance § 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the.. Project is located, property insurance written on a builder's risk "all risk" or equivalent policy form in the amount of the -initial Contract Sum, plus value of Subsequent Contract Modifications and cost of materials supplied or installed liy others; comprising total value for the entire Project at the site 6ji'A r6 lacement cost basis without optional deductibles.`Srjeh_property insurance shall be maintained, unless oters 0rovided in the Contract Documents or otherwise agreed in writing by all persons and elitities who are benefciaries of such insurance, until final payment has been nnade as. provided in Section 9 1p:_orviitiI no person or n e41 os ier than the Owner has an insurable interest in the property required by this Seaton 1-1.3 to be covered, vf�,Ot Ever is later. This insurance shall- include interests of the Owner,. the Contractor, txbcontractors and `Sub subcontractors in the Njeet. x § 11 3.1.1 Property insurance shall he: on an "all-risk" or equivalent policy form and shall include, without limitation, insurance ag s't the perils:sif flee (with eXtended coverage) andphysicsl lass or damage including Without du lication:i)`f verage;Qtlt Oft vandalism malicious mischzof, c2llapse, earthquake, flood, windstorm, falsework,.: testing and€sfiazttip, tetnpol ry bui)diogs and=debris removal including demolition occasioned.by enforcement. ofany applicable l; g l iegzittx g(ihtsAW.shall cover reasonable corripensation for the Architect's; Contractor's, and ` Co�trstruettti an and k and expenses required.as a result of such insured loss. § 1'1..nI the Ot#r d� tend to purchase such property insurance required by the Contract. and with all of the c `s to UAW ribed above, the Owner shall so inform. the Contractor in wiitirig prior to corns ten ine t a the rl he Contractor may then effect insurancat:will protect the interests of the Contractor, SuE7'ennttack i +d S ffi. St bwntr ctors in the Work, and by appr_>Jpnhte:'Change Ol:derthe c0a thereof shall be cltaX to OYN-1f If#1 e Cofactor is damaged by the failure"of'rleglect of the Owner to purchase or maintain insnceyescrt"Id moue, out so notifying the Cantraor in writing, then the Owner shall bear all reasonable l costs properly attrlFiixlableeretr. § 11,113 If the property i'4&j rartpe requires :deductibles, the Owner shall pay costs not covered because of such deductibles. T]iis property rn }i e shall cover portions of the Work stored off the site, azac' also portions of the Work in tranaii §41::3.1 Partial oc 1paiiey:or u'se in accordance with Section 9.9 shall not commence until the insurance company or CbMpanies;proviri r property insurance have consented to such partial occupancy or use by endorsement or otherwise The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or Companies Aid sisals, without mutual written consent, take no action with respect to partial occupancy or use that .I would cause caneelIation, lapse or reduction of insurance. § 113.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler .and machinery insurance required by-the=Contract Documents or by law, which -shall specifically cover such insured objects during installation and .until final acceptance by the Owner; this insurance shall include interests of the Owner; Construction. Manager, Contractor, Subcontractors and Sub -subcontractors in the Work, and the Owner and Contractor shall be named i insureds. § 11.3.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's props a ` 'tie to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor foz loss; f use of the Owner's property, including consequenf al losses due to fire or other hazards however caused.. § 11.3.4 if the Contractor requests tri wntii g that insurance for risks other than those described bereiri or other special =causes of- be included in,. b property insurance policy, the Owner shall, if possible,, his -q fe such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11`.3.5 Ifdtliiig'the Project construction period the Owner insures properties,. real or personal or both, adjoining or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to -be provided on the completed. Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of AIA Document A232T --2009 {formerly A201 ""CMa—19921. Copyright 0 1992 and 2009 by The American Institute of -Architects. All rights reserved. Init. WARNING: This AW Document Is protected by U.S. copyright Law and International Treaties. Unauthorized reproduction or distribution of this 33 Aie Document, or any portion of it, may result in severe cfvli and criminal penalties, and wi$I ire prosecuted to the maximum extent possible t under the law. Purchasers arenotpermitted to reproduce this document. To report copyright violations of AIA Contract Documents, a -mail The American Institute of Architects' legal counsel, copyright@aia.org. Section 11.3.7 for damages caused by fire or tithe causes of loss covered by this separate property:imsuranc: A:11 .. separate policies shall provide this waiver.:of subrogation by.eadorsemetit or otherwise. §;11;16 Before an exposure to lass play accti> #b Owner shall file witt the CGon aEtora copy of each poltcy:that surance coverages required by this Section i 1:3 tch;pohcy shall coatain all:generally 0110-able t : , n -definitions., exclusions.aiid ndorsemeY tsirol`ated to tWs_Pxaject. Bach policy shall coatai z a:pravisioai that .- tv _ .ill not be eaneeled.or allowed;trz ex�irc and .that its limits, ill not.be reduced, until atest 30 days' por.< written xiotice .has been: -given to:the Chntrai toF, y Waivers of 'Subr6gation:. The Owner andVOitra�aor wane all ri Zts mast tI eaeh,.other and+aoy.of their• . su bcontractors, sub -sub- ntractors; agents and employees each of the ot'hex, aid � the onstrticilon Niauager; iitect, Architect's ciltants, separate cont:aetos described in Am , rf and!, and anry of their subcontractors p by - on rs, agfi ndn�iploye, for daiiags caused bf ar other -apses of loss ta:;the ecteent covered by erty illsabtpuruant to this Sect:i€tii 11 3 oxtef propey instrnce apphealale •to the 1247k, eet= .: rigkits Oyv, i 4 i Coitt�ractaz may have tlrtlie proceeds of such instxcance held b e Owact asfi of W Own e v ntr f s appropliate, slaali reggkre of the Construction Maiiager, Construction1vlat►a s o ultar� � t This; fs .onsuitants,Qwner'.s:separalc contractors deseriW4 in Article 6, rf aiiy, -and-. the xs, sun _ rs agents earl kcyees of at _ of the . b a ro riate a cements; wrzttei rx�here r x y, y >?p p ; la gs it �it}$itV lar waivers each in favor of other parties enumerated herein. The policies shall . p v � xwa f Mawtion by endorseixrexit oir,otherwise. A waiver of subrogation shall:be effa&il c as: to a ersraxr oh 4t person or entity 'would -otherwise have a duty of tndenanificatiQn, contractual or others r ; did t ay ranee premium directly or indirectly, an&laether or riot the. person -or entity had an ipsuth irtti✓rt tort;"damaged. ls'�insdnd��zC3wner's property knsuzichall be ad}usted by the Owner as fiduciary and made M yable to- the Oavi�er as d^ioii for the insureds. as their Interests may appear, subject to requirement-, �f and a phcable m0`jt_ wee cd � id of Section 11 3 10, .The Contractor shall pay Subcontractors their dust sh�res:;Qf �� surnire proced�eavdysthe Contrator,::atid by appropriate agreements; written where legallyzequireri far validity, sltall zeq re $ubco tr c ors to snake payments to their Sub -subcontractors in similar. mariner. i A . { ; 7 f equirt d nr �x X a party in interest, the Owner as fiduciary shall, upon o�cturencc of an insured loss, give." fir prop p�rfbiiiiance of the Owner's duties. The cost of requircd bt>sids-shalI be charged against proceeds aecei3�e�i,. s fiduciary 11te.Owner shall deposit in a separate account proceeds sa eceived, which the Owner shall distribati actiorddl ��rt;sich agreement as the parties:in interest may reach, or as determined in accordance with the rnethod.af bini pate resolution selected in the Agreement between the Owner and Contractor. If after such lm:s.no �Qtl er speciat=io"ent is made and unless, the Owner terminates the Contract for convenience, replacement of damad pfperty shall lac performed by the Contractor after notificationof a Change in the Work in accordance. with Article 1: § 11.3:1 U `l a c Owner as fiduciary shall have .power to adjust and settle a loss with insurers unless one of the parties in interes; sh,,, Oject in,writing within five days after occurrence of loss to the Owner's exercise of this power; if such. objection 'is •made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding. dispute resolution iu the Agreement. if the Owner and Contractor have selected arbitration as the method of binding dispute.resolution, the Owner as fiduciary shall make settlement with insurers or distribution of insurance proceeds in accordance with the direction of the arbitrators. Ak j 11.4 Performance Bond and Payment Bond 11.4.1 The Owner shall have the right to require-tlie oiitractor to furnish bonds covering faithful perforrriancc o€ the payment g g P g .q p y. Contract and a inept of obligations arising ihereurider as stipulated in bidding requirements or r;eifi�all r .erred in the Contract Documents on the date of eke du ' n of the Contract. 1' i LJpFon t .o�fequest of any person or entity appearing to be a potential beneficiary.,of bonds covering payment of obligations arcs' under the Contract, the Contractor shall promptly furnish a copy fl# the lforids or shall authorize a copy to be ft3rniled. d AEA Document A232T°" -- 2009 4formerl.y A201 T "CMa—1992). Copyright 0 1992 and 2009 by The American Institute of Architects. All rights reserved. Init. 'MA@ivMG- This Ale Document is protected by U.S. Copyriglbt Law and international Treaties. Unauthorized reproduction kit distribution of -this 4 AIA$� Document, or any portion of it, may result it, severe clvil'and ciiminail penalties, and.,601 be prosecuted to t€me.maximum extent possible 1 under the lave. Purchasers are not permitted to reproduce this document: To report copyright violations of AIA Contract Documents, e-mail The American institi RP of Arrhited,' leoal counsel. C0DvriahI5..aia.om. - - ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 1.2.1.1 If a portion of the Work is covered contrary to the Construction Manager's or Architect's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing.by either, be uncovered { for tkleir 0Uservation and be replaced at the Contractor's expense without change in the Contract Time. ]fa portion of the Work has been covered which the Construction. Manageir or Architect has notspecifically: n .� ... requested to observe prior to its being covered, the Construction Manager or Architect may request to see such Work F a l�� and lit ItIall be uncovered by the Contractor. If such Work is in accordance with the Contract locuments, costs of z All uncovering and replacement shall b appropriate Chan e Order, be at the Owner's expense. If such Work is not�in .y . ti Yg x accordance with the Contract Documents, such costs and the cost of correction shall"be at the Contractor's expertise enless the condition was°,o used by the Owner or one of the other Contractors in which event the Owner shall be u, responsible f0,,-0aymci# ;such costs. § 12 2 Corrop-6. ti iof V1torK `r 1 21 8ef� re �I Aft fan 1 Completion 'Ihe`Contractor sha1T roriiptLy_ correct Work rejected by the Construction Manager or Architect or failing to :conform to the requti emr;nts btbie Cohct Documents, whether discovered before or after Substantial Completion and whether vn of fal rk' ated, tz s v ed or completed. Costs of correcting such rejected Woirk� including additional testing At i spoc ns, tl' ost ca r Bering and replacement, and compensation for the Construction Manager's and ti Arch'#ect's services• and eCeraes 'Wade necessary thereby, shall be at the Contractor's expense. § 12 :2 After-Ubstanftdl ompl� oil § 12 :21 In 6ddrtiop"to-A - ttor's obligations under:St;etrari 3 5, if, within one year after the date of Substantial Cortipletiti i. ftht 'inf or;44 i rated portion thereof, or alter the date for commencement of warranties establish- a uritier Section 9.1=or byirrnbf an applicable special.atianty required by the Contract Documents, any c'f tli Work is found to: be not i"ccii dance with the requirements of the Contract Documents, the Contractor shah ;correct it pr4mptty after receipt.bf ^O�,rittan notice fir'om the Owner to do so unless the Owner has previously, given the Contractor a wnttet aecept4.tice &..such toi dition. The Owner shall give such notice promptly after titscoverj+ of the eondS ion Dtirin "'or correction of Work, if the Owner fails to notify the Contractor and give the; Comet ter opporMin tdr xlce the correction, the Owner waives the rights to re(I p"arrection by the Contractor and to' make -.a ciaiin for breach of warranty. If the Contractor fails to correct noncoriforining Work within a reasonable timQ*ti g that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance -with,, 8-action 2.4; § 12.2.2.2 The one-year period shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2 2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the :Contractor purstaant to this Section 12.2. §122.3 The Contractor shall remove frorn the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting de,stroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors of other Multiple Prime Contractors caused by the Contractor's correction or removal of Work that is trot m accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Sectton:12.2 shall be construed to establish a period of limitation;with respect to other obligatt0sethe Contractorlia! un cr the•Corntract Documents. Establishment of th one- !"period for correction ofi o as described i i Section I2.2.2 relates only to the specific obligattbh bfth Contractor to correctthe Work, and hAs no relationship to the time within which the obligation to comply `with tl e Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specificallyto correct the Work. AIA Document A232' —2009 (formerly A241 T'"CMa—1992). Copyright Q 1992 and 2009 by The American Institute of Architects. All rights reserved: fait. ARMING: This ALCM' Document is protected by U.S. Copyright Law and International Treaties. Unauthori]ked reproduction or distribution of this 35 AIA' Docunumt, or any portion of it, may result in severe civil and criminal penaEties; and will be prosecuted to the maxirhurn extent possible under the taw. Purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. § 12.3 Acceptance of Nonconfortning Work If the Owner prefers to accept W ork t4at is not in accordance w#h She requirements of the Corltrayt, A:ocunaents, the Owner may do•so instead o requ aEng. its xe avaI=arj$ rt rrect�uz ; n w iclr case=.the Cohtract Sum w>Itl be reduced as appropriate.ad equitable. Such, cl}c€staati ht shall be e#%etedliie �rrrr>t lirial payyfvent has berg inaife, AC3 tVi15CLLANEOItS PIVlIi31S - i�.c-'a.- f:3: C.e Conteact sHall,beaveed%tli>r laof the pace. w ere the Pia}ect is located ecept iltat, the part � s � erected arbitration as the rnetliod of bllydl dispute Msolut orl, .ie :l?ederA Arbl t on Pict sb all,goverii 15.4. �a'i�:2 Sracees rs and 4slt ns _ a ' �A ;2.1 Thl er and�C tr tas respectively bind tl�emselvas, r partners,.:succsessors, a s any 'legal # ,�sentati covar agreement end obligatiots eontalnti the4rtract Documentsxcet;as provided lion 13�ithear is flit Contract shall assigp the Contract as"a whale without wrteuor�sc the e ' %her pa 7� `rri tzr make such an tsstg neat without such .+ionserttr that party 1 Mess remain 1 � el-t��+��atract; 2 GoW.Wot. of the Contractor, assign the nti�act., a lender prtivi g emnstrtretion m j an y t1r t, order d s the Ovmer's rights vo p,bixgations under..t Cei tract Dc tlnients k Coxt � Kal IIt N penes z e onaiii required to facilitate such�ssrg nentbx x LY went d�have been duly served if deirvoeti IIl person to the individual x to a member of the irrx� ore 3�3r t zY ice .co , oration;f> r which;it vuas intendbad or fdelivered at or sent by.regtstered or ue M 1i %l o y o rl a providing psao cif defrvery to the Ian_ t busi�ziess add ess knave to the paw x ;nat>cer r 141lgkttyanc[�iealz' AN N �§ 13 rrlles ' . lYit �i s s rnpr y the Contract Docu Tents mod: tg Zts and re>7re�l�es a�datWa �liereunder,s all be to a dlYiou to d ri�x a libation of duties,, obligations; rights and rerne,dies othersvase nnposed or available by law. 1 2 o action �� Gluze_w act;by the Owner, Construction Manager, Archite t or Contractor shall constitute -a vaa r rif; right er,'&x raed there under the Contract, nor shall such action or failure to act constitute approval of or ac Iescence kp a=`ea' '. Z}`' _ Thereunder, except as may be specifically agreed in writing. " 1.3.5 X�eW!o I'd lnspectAM § 13.51 Test , insp ttons airdrapprovals of portions of the Work shall be made as required by the Contract Documents and by applicab�'e IaWs, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities_ Unless. othe vsse�'1Y. gi, ed, the Contractor shall mare arrangements for such tests, inspections and approvals with ar, w ndepenuerzts7zg laboratory or entity.acceptable to the Owner, or with the appropriate public authority, and shall ?bear all related costs of tests, inspections and approvals. The Contractor shall give the Construction Manager and Architect timely notice of when and where tests and inspections are to .be made so that t'lie Construction Manager_a d Architect map, be present for such prooedures: The Owner shall bear costs -of (1) tests, inspections or approvals -"that .cln not heeome requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals : whetie'building codes or applicable laws or,mgulutions prohibit the -Owner from delegating their cost to the Contractor. P. 13.5.2 If the Construction Manager, Architect Owner or public authorities having jtuisdiction determine tlZat ` portions of the Work require additional testing, inspection or approval not included under Section 1 5,1 the Constxt,cggn,Manager and Archite t wrl3,upon writtenauthorization frnih.the Owner, iristrua..Ih Contractor to make ems: arrarfgexr;xietit�uch additional test�ni, inspection or approval by an entity acceptable {o the O�+ner and the Cortflaetc r sk ll ve timeI r. rzat ` ide to the Construction Manager and Architect of wlt�en_ d-vihere tests and 1nsp..eGt>orlsibe rriade :so that fire Constructian Mang er and Architect n3a lie rent for such procedures- Such g y P p cosh -ass vided in Section 13.53-shall be at the Owner's ec ease § 13.53If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary A1A Document A232m — 2009 (formerly A2611CMa—1.9921: Copyright O.1992 and 2009 by The American Institute of Architects. All ;rights - reserved. snit. WAiRRlir G: This Alit Document is protecW by D.�. Copyright #-aw and intOrnatie,,jal Treaties. Unauthorized.reproductioiz. or distribution of thls' Ale DDocument, ar.a€fy portion of it, nciay re$uit In severe clyd and criminal pana'*ic-s, and vriii be prosecut0d to the m�ximairn sitar$ �+csssibt8 36 under the law. purchasers are not permitted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American L,c�ir. Jo nr 6rrhif—W Jana1 mental rnnurinhtrn Pia nrn -